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(영문) 대구지방법원 2017.10.12 2017고단3973
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2017, the Defendant driven a car with a alcohol level of about 0.265% while under the influence of alcohol level of about 0.265%, without obtaining a driver’s license, on the road in front of the tin-type Eup located in the Gancheon-gun, Gancheon-gun, Gancheon-gun, Gandong-gu, Gandong-gu, Gandong-gu, Gandong-gu, Gandong-gu, Gandong-gu, Gandong-gu, Nandong-gu, Nandong-gu, Nandong-si

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, making a statement on the circumstances of the driver, and applying statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning the facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

D. Unfavorable circumstances: The Defendant committed the instant crime even though he had the record of being punished for a fine on five occasions for the same kind of crime.

The alcohol concentration in blood at the time of drinking driving is considerably high.

The favorable circumstances: the defendant recognizes his mistake and reflects his mistake.

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